Re: Discuss: The Open-Source Milestone Application Framework So

2002-04-28 Thread Karsten M. Self

on Fri, Apr 26, 2002, Forrest J. Cavalier III ([EMAIL PROTECTED]) wrote:

  8. Milestone Technology Group, LLC is granted the right to use the
  name and logos of products derived from this software in
  communications related to the Milestone Application Framework.
 
 Yikes! That may not be against the OSD, but I think you 
 are going to frighten away anyone who considers this software.

At the very least, it strongly recommends monkeywrenching:

http://www.hinkleymall.com/bymail.html

(Mature audience alert probably isn't the term.  I'd call it middlin'
adolescent).


The OSD may not prohibit this directly, but might be interpreted as
denying this via:

1.  Free Redistribution:  ...The license shall not require a
royalty or other fee for such sale.  Could such a right to
publicity (similar to those included, say, in a prize contest or
giveaway, be considered a (nonmonetary) fee or payment of brand
equity?

5  6, the no discrimination (persons and groups, and fields or
endeavors, respectively).  Are there persons, groups, fields, or
endeavors to whom a denial of privacy might be considered
discriminatory?  RMS has argued that this is an implicit right to
FSF Free Software.  The OSD is silent on the issue, though debate
has not been.

I agree that this is a strategically, if not legally, poor move.

Peace.

-- 
Karsten M. Self [EMAIL PROTECTED]http://kmself.home.netcom.com/
 What Part of Gestalt don't you understand?
   Google *this*:  a href=http://xenu.org/;Scientology/a



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RE: Discuss: The Open-Source Milestone Application Framework So

2002-04-28 Thread Akil Franklin

on Fri, Apr 26, 2002, Forrest J. Cavalier III ([EMAIL PROTECTED])
wrote:

  8. Milestone Technology Group, LLC is granted the right to use the
  name and logos of products derived from this software in
  communications related to the Milestone Application Framework.
 
 Yikes! That may not be against the OSD, but I think you 
 are going to frighten away anyone who considers this software.

I can definitely see your point. The goal of the clause is to ensure
that we are legally and ethically capable of sharing with the rest of
the open source community exactly who is using the MAF and with what
level of success. 

We attempted to limit the intrusiveness of this clause with the phrase
in communications related to the Milestone Application Framework, but
alas it seems to have done little to lessen the impact.

Is there any less intrusive method of achieving our goal? How do others
tackle this issue?

-- Akil

-Original Message-
From: Karsten M. Self [mailto:[EMAIL PROTECTED]] On Behalf Of
Karsten M. Self
Sent: Sunday, April 28, 2002 4:56 AM
To: [EMAIL PROTECTED]
Subject: Re: Discuss: The Open-Source Milestone Application Framework So

on Fri, Apr 26, 2002, Forrest J. Cavalier III ([EMAIL PROTECTED])
wrote:

  8. Milestone Technology Group, LLC is granted the right to use the
  name and logos of products derived from this software in
  communications related to the Milestone Application Framework.
 
 Yikes! That may not be against the OSD, but I think you 
 are going to frighten away anyone who considers this software.

At the very least, it strongly recommends monkeywrenching:

http://www.hinkleymall.com/bymail.html

(Mature audience alert probably isn't the term.  I'd call it middlin'
adolescent).


The OSD may not prohibit this directly, but might be interpreted as
denying this via:

1.  Free Redistribution:  ...The license shall not require a
royalty or other fee for such sale.  Could such a right to
publicity (similar to those included, say, in a prize contest or
giveaway, be considered a (nonmonetary) fee or payment of brand
equity?

5  6, the no discrimination (persons and groups, and fields or
endeavors, respectively).  Are there persons, groups, fields, or
endeavors to whom a denial of privacy might be considered
discriminatory?  RMS has argued that this is an implicit right to
FSF Free Software.  The OSD is silent on the issue, though debate
has not been.

I agree that this is a strategically, if not legally, poor move.

Peace.

-- 
Karsten M. Self [EMAIL PROTECTED]
http://kmself.home.netcom.com/
 What Part of Gestalt don't you understand?
   Google *this*:  a href=http://xenu.org/;Scientology/a

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3



RE: Discuss: The Open-Source Milestone Application Framework So

2002-04-28 Thread Akil Franklin

How could we reword clause 6 to make it less clumsy and to make it more
palatable?

How would one notify the public?

-- Akil

-Original Message-
From: Forrest J. Cavalier III [mailto:[EMAIL PROTECTED]] 
Sent: Friday, April 26, 2002 8:16 PM
To: Akil Franklin
Cc: [EMAIL PROTECTED]
Subject: Re: Discuss: The Open-Source Milestone Application Framework So

 6. All advertising materials regarding products derived from this
 software and/or features derived from its use must include the
 following acknowledgement:
 

Is that worded as you want it?  There is some clumsiness there
and I am not sure what features derived from its use really
means or is different from products derived from this software

You know that this clause reaches much farther than the orginal
BSD advertising clause.  There are probably some who will not
adopt the software because of it.

 7. Milestone must be notified of the redistribution and use of this
 product. Such
 notification can be made by visiting www.techMilestone.com and filling
 out the
 appropriate online form. If you have any questions about this process,
 please
 send an email to [EMAIL PROTECTED]
 

I seem to recall previously submitted licenses rejected
for clauses similar to this.  (On the grounds that
this fails the no separate license requirement of the
OSD.)  Consider what happens when the company goes out of
business, or the WWW is replaced by something better.

I think a requirement to notify the public is OK, a requirement to
notify a specific entity is not.

 8. Milestone Technology Group, LLC is granted the right to use the
 name and logos of products derived from this software in
 communications related to the Milestone Application Framework.

Yikes! That may not be against the OSD, but I think you 
are going to frighten away anyone who considers this software.

Forrest

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

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Re: Discuss: The Open-Source Milestone Application Framework So

2002-04-26 Thread Forrest J. Cavalier III

 6. All advertising materials regarding products derived from this
 software and/or features derived from its use must include the
 following acknowledgement:
 

Is that worded as you want it?  There is some clumsiness there
and I am not sure what features derived from its use really
means or is different from products derived from this software

You know that this clause reaches much farther than the orginal
BSD advertising clause.  There are probably some who will not
adopt the software because of it.

 7. Milestone must be notified of the redistribution and use of this
 product. Such
 notification can be made by visiting www.techMilestone.com and filling
 out the
 appropriate online form. If you have any questions about this process,
 please
 send an email to [EMAIL PROTECTED]
 

I seem to recall previously submitted licenses rejected
for clauses similar to this.  (On the grounds that
this fails the no separate license requirement of the
OSD.)  Consider what happens when the company goes out of
business, or the WWW is replaced by something better.

I think a requirement to notify the public is OK, a requirement to
notify a specific entity is not.

 8. Milestone Technology Group, LLC is granted the right to use the
 name and logos of products derived from this software in
 communications related to the Milestone Application Framework.

Yikes! That may not be against the OSD, but I think you 
are going to frighten away anyone who considers this software.

Forrest

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3